SAURABH JAISWAL Vs. BANK OF BARODA

JUDGEMENT

(1.) The present writ petition has been filed primarily questioning the authority of the respondent No.1 Bank whereby they are initiating steps for taking possession of the property in which the petitioners own a shop.

(2.) The brief facts relevant for disposal of the writ petition is that the two petitioners have purchased shop No.8, Shop No.16 in the Patel Complex at Ward No.44 Padmanabhpur, Patel Complex, Durg, Tahsil & District - Durg, Chhattisgarh. According to the petitioners they had purchased the aforementioned two shops from respondent No.6 to 8 and that the sale deed executed between the petitioners with the respective owners i.e. respondent No.6 to 8 was duly registered on 13/5/2016 and 18/10/1999 respectively. Contention of the petitioner is that now the respondents 1 & 2 without any authority of law in a totally illegal, arbitrary manner are threatening the petitioner of getting them evicted from their respective shops on account of default on the part of the original builder who had constructed the said commercial complex and who had mortgaged the said property with the respondent No.1 Bank and there has been a default on the part of the builder in the repayment of loan. According to the petitioner the persons from whom the petitioners had purchased the shops were in fact not the borrowers of the Bank and they had also not taken any loan from the respondent No.1 Bank and that there is also no default on their part. As such according to the petitioner they had purchased a clear property and that they are not liable for discharing the liability of builder of the said shopping complex.

(3.) Opposing the petition, counsel for the respondent No.1 raised a preliminary objection as regards, the maintainability of the writ petition as there is a remedy provided under the Statute i.e. the Sarfaesi Act and writ petition therefore is prayed to be rejected on this ground.